International Law and the Use of Force: Beyond the U.N. Charter ParadigmRoutledge, 4 февр. 2014 г. - Всего страниц: 288 When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice. |
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Стр. 5
... provision there are three principal sources of international law : 1 ) treaties , 2 ) custom , and 3 ) general principles of law . There are also two subsidiary means for determining a rule International law and the use of force 5.
... provision there are three principal sources of international law : 1 ) treaties , 2 ) custom , and 3 ) general principles of law . There are also two subsidiary means for determining a rule International law and the use of force 5.
Стр. 6
... Treaty between the United States and the Soviet Union . Treaties normally become law in a process involving several steps.28 First , the parties enter into negotiations to determine what provisions they would like to include in the treaty ...
... Treaty between the United States and the Soviet Union . Treaties normally become law in a process involving several steps.28 First , the parties enter into negotiations to determine what provisions they would like to include in the treaty ...
Стр. 7
... treaty law . In other words , in order for customary and treaty law to make sense , there are certain first principles , certain assumptions , about the law - making process that states must accept . Two of these principles that ...
... treaty law . In other words , in order for customary and treaty law to make sense , there are certain first principles , certain assumptions , about the law - making process that states must accept . Two of these principles that ...
Стр. 8
... treaty , recourse can be had to court decisions and the writings of international legal scholars . Courts and scholars do not ' create ' the law , but only give testimony to its existence . It is often quite laborious to undertake an ...
... treaty , recourse can be had to court decisions and the writings of international legal scholars . Courts and scholars do not ' create ' the law , but only give testimony to its existence . It is often quite laborious to undertake an ...
Стр. 9
... treaties and general principles . It seems reasonable to argue , for example , that states have in practice effectively withdrawn their consent from a particular provision of a treaty , and hence , that it is not ' law , ' if : 1 ) the ...
... treaties and general principles . It seems reasonable to argue , for example , that states have in practice effectively withdrawn their consent from a particular provision of a treaty , and hence , that it is not ' law , ' if : 1 ) the ...
Содержание
Part II The United Nations Charter paradigm | 27 |
Part III Challenges to the Charter paradigm | 69 |
beyond the Charter paradigm | 175 |
Notes and references | 203 |
Index | 266 |
Другие издания - Просмотреть все
International Law and the Use of Force: Beyond the U.N. Charter Paradigm Anthony Clark Arend,Robert J. Beck Ограниченный просмотр - 2014 |
International Law and the Use of Force: Beyond the UN Charter Paradigm Anthony C. Arend,Robert J. Beck Ограниченный просмотр - 1993 |
International Law and the Use of Force: Beyond the UN Charter Paradigm Anthony C. Arend,Robert J. Beck Недоступно для просмотра - 1993 |
Часто встречающиеся слова и выражения
Achille Lauro act of aggression Akehurst American anticipatory self-defense argued argument armed attack armed force Article 2(4 Article 51 Assembly authoritative authority Bowett Cassese Charter framework Charter paradigm civil conflict collective security condemned constitute contended Convention customary international law example Grenada human rights humanitarian intervention Ibid Int'l international legal international peace international system intervention to protect invasion Iraq Iraqi Israel Israeli jus ad bellum justice justified Kellogg-Briand Pact Kuwait League of Nations legal scholars Libya Lillich military mixed conflict Moore Nicaragua norm O'Brien organization peace and security peacekeeping permissible post-Charter principles Professor prohibition proportionate protect nationals protection of nationals rebels recourse to force regime regional arrangements Reisman and McDougal reprisals resolution restrictionist right of self-defense Ronzitti rule Security Council self-determination self-help Soviet Union state's Tanzanian target territorial integrity terrorist terrorist acts Tesón threat treaty Uganda UN Charter United Nations Charter UNSC Res Verwey violations World